Upper Tribunal: Immigration and Asylum Chamber judgments, 2015

A serious medical condition affecting a British-citizen spouse does not, without sufficient evidence of its practical consequences, establish insurmountable…

In determining an application for leave to remain as a stateless person, the decision maker must apply paragraph 403 of the Immigration Rules consistently with…

The requirements in paragraph 403 of HC 395 for leave to remain as a stateless person are cumulative. Recognition as stateless under paragraph 403(b), read…

A refusal to transfer a No Time Limit endorsement or issue a biometric residence document is a decision made under the immigration legislation. Where the…

A certification under regulation 24AA of the Immigration (European Economic Area) Regulations 2006 is a discretionary and temporary measure. It is available…

For paragraph 34A(vi)(a) of the Immigration Rules, “related guidance notes” means guidance related to the applicant’s application process. It does not include…

A transitional saving provision for immigration appeals should be construed by reference to the appealable character of the decision, rather than to whether…

A tribunal may attach significant weight to careful and comprehensive judicial fact-finding on country conditions in judicial review proceedings, even though…

For refusal under section S-LTR.1.7(b) of Appendix FM to the Immigration Rules, an applicant who failed to provide required information bears the legal burden…

Where a non-deportable person has a genuine and subsisting parental relationship with a qualifying child, and it would not be reasonable to expect that child…

The Upper Tribunal may make a common or generic costs order even where related claims have not been consolidated. Such an order requires a reliable factual…

The version of paragraph 399 of the Immigration Rules in force at the hearing must be applied. The post-28 July 2014 provisions require a focused assessment of…

A judicial review ordinarily concerns the lawfulness of the decision when made. Later evidence cannot be introduced to alter that historic inquiry without a…

Paragraph 399(b) of the Immigration Rules imposes conjunctive requirements. The relationship condition in paragraph 399(b)(i) must be decided first. If it…

Article 15(c) requires an inclusive assessment of indiscriminate violence. The assessment is both qualitative and quantitative. It asks whether violence…

A tribunal must decide an immigration appeal on the evidence presented by the parties, supplemented where appropriate by judicial notice. It must not conduct…

An expert witness must comply with the duties in the Senior President’s Practice Direction. The witness must be objective, independent, fully informed and…

Where paragraph 398 of the Immigration Rules applies, the tribunal must first assess whether paragraph 399 or 399A applies. Only if neither applies may it…

A party has a right to a fair hearing, which centrally requires a proper opportunity to present and answer the case on all material issues. Procedural…

Section 117C of the Nationality, Immigration and Asylum Act 2002 applies only where the case concerns the deportation of a foreign criminal. Section 117A(2)…

An Upper Tribunal costs order made in immigration judicial review proceedings may be appealed to the Court of Appeal on a point of law, subject to permission.…

Section 3(1)(c) of the Immigration Act 1971 permits specified conditions to be attached whenever limited leave is granted. It applies to persons excluded from…

A Tier 5 religious-worker applicant must satisfy the Immigration Rules by showing a genuine intention and capability to undertake the sponsored role. The fact…

In an immigration judicial review raising Article 8, the Tribunal must decide whether the impugned decision breaches the Convention right, rather than whether…

The test for apparent bias asks whether a fair-minded and properly informed observer, having considered all material circumstances, would conclude that there…

Where the First-tier Tribunal has identified all material facts and considerations in a deportation appeal, the attribution of weight to them is ordinarily for…

In an EEA deportation case under regulation 21, rehabilitation is relevant only within the proportionality assessment after the individual has been found to…

In foreign-criminal deportation cases, the assessment under paragraph 399 of the Immigration Rules is itself an assessment of the Article 8 claim. The Tribunal…

Where an application is facially incomplete because its payment mandate is unsigned, the reasoning in Basnet v SSHD does not require the Secretary of State to…

An EEA-national woman retains continuity of residence under the Immigration (European Economic Area) Regulations 2006 while absent from work or job-seeking…

A successful defendant who files an acknowledgement of service in judicial review proceedings may recover the reasonable costs of considering whether to…

The Surinder Singh rationale rests on the efficacious enjoyment of Treaty rights and non-discrimination. A third-country family member cannot rely on that…

A legitimate expectation based on a public authority’s representation requires a clear and unambiguous promise or statement of practice. A letter which, read…

For the former version of paragraph 276ADE(vi) of the Immigration Rules, an absence of ties required more than the absence of family members or remote links…

In a visitor-entry-clearance appeal confined to human-rights grounds, the Article 8 assessment must begin with the evidence bearing on compliance with…

Certification under Nationality, Immigration and Asylum Act 2002, section 94B, may lawfully require an Article 8 appeal to be pursued from abroad where there…

A later immigration decision cannot make an earlier challenged decision lawful. Unless the documents properly form one combined decision, or the earlier…

A refusal of leave to remain is not unlawful where the decision-maker has considered the evidence relied on outside the Immigration Rules and the conclusion…

The Devaseelan guidance governs a tribunal judge determining a later appeal. It requires the earlier determination to be the starting point, but does not bind…

An immigration decision-maker is entitled to determine the application actually made and on the material supplied. Where an applicant for leave as a partner…

Upon remitting an immigration appeal, the Upper Tribunal’s power to give directions under section 12 of the Tribunals, Courts and Enforcement Act 2007 is…

Country guidance remains authoritative where a later appeal depends on the same or similar evidence. It does not relieve a decision-maker of the duty to assess…

A person who qualifies as a jobseeker must show both that they are seeking work and that they have a genuine chance of engagement. The permissible period for…

Under the two-stage deportation framework, paragraphs 399 and 399A of the Immigration Rules are first applied without a further balancing of the public…

A change to the Immigration Rules or to the statutory articulation of Article 8 considerations does not, of itself, prevent certification under Nationality…

The use of a false passport or similar document to leave the Democratic Republic of Congo does not, without more, bring an asylum claimant within the risk…

A substantive legitimate expectation requires a clear and unambiguous promise or representation, free from relevant qualification. A communication that places…

An appeal against an EEA decision concerning residence documentation cannot be used to bring a human-rights challenge to a future removal where no removal…

The Upper Tribunal has a discretionary power to grant a declaration under Tribunals, Courts and Enforcement Act 2007, section 15(1)(d). Where judicial review…

Part 5A of the Nationality, Immigration and Asylum Act 2002 does not displace the established two-stage analysis of Article 8 claims. A tribunal ordinarily…

A supplementary decision letter can cure no defect in an earlier immigration decision unless it genuinely records or elucidates reasons already reached. The…

An appeal against refusal of an EEA residence card is not, merely because it may be lodged from within the United Kingdom, suspensive of removal. Immigration…

Judicial review should not ordinarily proceed on material evidence which has not been considered by the primary decision-maker. Where further representations…

Part 5A of the Nationality, Immigration and Asylum Act 2002 applies whenever a court or tribunal must determine an Article 8 claim arising from a decision…

Qualification Directive Article 24 does not itself confer a substantive right to remain in a Member State. It governs the documentation of a right of residence…

A revised discretionary-leave policy which requires case-specific consideration of a child’s welfare is compatible with the duty under section 55 of the…

In judicial review of a refusal of leave to remain under the Immigration Rules, the claimant must identify an error of law, including irrationality. A…

A person who will work in Somalia’s media sector faces a real risk of persecution by Al-Shabaab for actual or imputed political opinion. The risk arises from…

Where a person disputes the Secretary of State’s assertion that an immigration decision carries no right of appeal, the ordinary and appropriate course is to…

Article 7(2) of the Qualification Directive does not make an effective system for detecting, prosecuting and punishing persecution conclusive of sufficient…

When deciding whether further submissions amount to a fresh asylum claim, the Secretary of State must subject the new material to anxious scrutiny and assess…

A review under rules 45 and 46 of the Tribunal Procedure (Upper Tribunal) Rules 2008 can arise only after a party has made an application for permission to…

In an appeal against an EEA removal decision, the tribunal must first determine entitlement under the Immigration (European Economic Area) Regulations 2006.…

An Article 8 decision must be read fairly and as a whole. The use of “exceptional circumstances” does not, without a defective process of reasoning, show that…

A child is a qualifying child for Exception 2 in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 if the child is either a British citizen…

In an age-dispute judicial review, a claimant’s age is a precedent fact for the exercise of child-care powers under the Children Act 1989. The court must…

Meeting Immigration Rules paragraph 276ADE requires an applicant to satisfy its suitability requirements as well as the relevant private-life criterion. A…

Where a ground in paragraph 322 of the Immigration Rules states that leave “are to be refused”, refusal is mandatory once that ground is established. Paragraph…

A refusal of a short-term entry visa sought to mourn with relatives and visit the grave of a close family member is capable of engaging Article 8. Whether…

In an Article 8 proportionality assessment, an applicant’s self-sufficiency does not diminish the public interest in firm immigration control. Its legal…

Where removal has followed an unlawful decision, unlawfulness is the starting point when deciding whether to order a person’s return. The tribunal must…

A dependent child does not ordinarily make a separate asylum or human-rights claim merely because the child’s interests differ from those of the parent.…

Where a removal decision under section 10 of the Immigration and Asylum Act 1999 is challenged on fact-sensitive allegations of TOEIC fraud, an available…

Service of a tribunal determination on a Presenting Officers’ Unit is effective where that unit accepts service on behalf of the Secretary of State. An…

A derivative right of residence for the carer of a British citizen under Immigration (European Economic Area) Regulations 2006, reg 15A, arises only where the…

A person subject to removal under Immigration and Asylum Act 1999, section 10 need not first receive a separate decision determining a precedent fact where the…

Under chapter 53.1.2 of the Enforcement Instructions and Guidance, a period of residence is one factor in a holistic assessment under paragraph 395C of the…

Risk on return to Iran arising from internet activity requires an individual assessment. The evidence did not permit reliable country guidance on when…

A decision on an application to vary leave under the Immigration Act 1971 has no legal effect before written notice is given. Where a removal decision under…

In a visit-visa appeal confined to human-rights grounds, the Tribunal must first decide whether Article 8 is engaged. If it is not, the Tribunal has no…

Section 3C(4) of the Immigration Act 1971 prevents a person from making a fresh application for leave while leave is extended under section 3C. An appeal…

A previous First-tier Tribunal determination will ordinarily provide the starting point when the Secretary of State considers further asylum submissions under…

A decision allowing an immigration appeal because of procedural unfairness did not require the Secretary of State to grant Tier 4 leave. It required a fair…

A challenge to a Dublin transfer fails where the evidence, assessed at its reasonable zenith, does not establish a real risk of treatment contrary to Article 3…

An application for leave to remain must comply with the applicable form and procedure requirements in the Immigration Rules. During the relevant period, Tier 4…

Where judicial review proceedings are resolved by consent, the parties should take proactive steps to agree the order before the hearing. A claimant may…

Section 117A(2) of the Nationality, Immigration and Asylum Act 2002 requires a tribunal to have regard to the relevant section 117B considerations. It does not…

A state party’s duties under the Council of Europe Convention on Action against Trafficking in Human Beings may extend to a person who was trafficked…

An immigration decision on the "no ties" requirement in paragraph 276ADE(vi) must demonstrate that the decision-maker has considered the salient evidence and…

A mandatory order is an exceptional public-law remedy. It is available only where the decision-maker is under a legal duty to take a specified course and that…

An overstayer has no general entitlement to an appealable removal decision when an application for leave to remain is refused. Immigration and Asylum Act 1999…

Leave extended by section 3C of the Immigration Act 1971 prevents a further application for variation. The one original application may be varied more than…

A substantive legitimate expectation requires a representation or assurance that is clear, unambiguous and devoid of relevant qualification. Its existence…

Applications to adduce fresh evidence in the Upper Tribunal must comply scrupulously with Rule 15 of the Tribunal Procedure (Upper Tribunal) Rules 2008. The…

Certification under section 96 is unavailable where the new decision relies on a matter which could not have been raised in the earlier appeal. That question…

The Upper Tribunal’s discretionary power to strike out proceedings for non-compliance must be exercised consistently with the overriding objective and the…

A right of appeal under section 82 of the Nationality, Immigration and Asylum Act 2002, as amended, arises only where the Secretary of State has made a…

Appendix FM does not determine whether a temporary return abroad to seek entry clearance would disproportionately interfere with Article 8 family life. That…

In an age-dispute judicial review, the Tribunal must determine the claimant’s age on the balance of probabilities, without placing a burden of proof on either…

Common-law procedural fairness applies to entry-clearance decisions. A credibility interview must both enable the Entry Clearance Officer to investigate the…

Section 55 of the Borders, Citizenship and Immigration Act 2009 imposes two inter-related duties. The Secretary of State must make arrangements directed to…

Where a local authority’s age assessment is disputed, the court must determine the individual’s age, and where possible the most likely date of birth, as a…

In an entry-clearance appeal brought on human-rights grounds, the Tribunal cannot determine whether the refusal complied with the Immigration Rules as a…

The Chikwamba principle is engaged only where an Article 8 claim has been refused on the procedural basis that the applicant must apply for entry clearance…

A delay in considering further human-rights representations is not unlawful or irrational merely because it is regrettable. Its lawfulness depends on the…

When determining an Article 8 immigration appeal, a tribunal must have regard to the specified public-interest considerations in Part 5A of the Nationality…

An applicant cannot judicially review an initial entry-clearance refusal where an available administrative review provides a full reconsideration and has been…

The transitional provisions in a discretionary-leave policy must be interpreted objectively, by their language and context. A significant change in an…

A judicial review challenge to an immigration decision is academic where the decision has been withdrawn and superseded by a later decision which is not itself…

A human-rights claim may rationally be certified as clearly unfounded where the claimant identifies no feature capable of taking the Article 8 case outside the…

A refusal to treat further submissions as a fresh claim may be impugned only if it is Wednesbury unreasonable, assessed with anxious scrutiny. The inquiry…

A claimant relying on a personal legitimate expectation must establish that the representation was genuinely made and that she understood and accepted it. In…

In a Dublin return case, the decision maker must conduct a thorough and individualised examination of the person concerned. A removal to Italy will not…

Where a public-law dispute has become academic, the court should exercise its discretion to hear it with caution. A substantive hearing will ordinarily require…

“Access rights” in paragraph E-LTRPT.2.4 of the Immigration Rules include both direct contact and indirect contact, such as telephone calls and letters. They…

A proposed Dublin transfer to Hungary will not breach article 3 merely because reception or detention conditions are imperfect. The applicant must show…

A decision letter must be read as a whole to identify which earlier decisions it reconsiders. A supplemental decision which expressly confines itself to an…

For the Tier 4 maintenance requirement in paragraph 1A(h) of Appendix C to the Immigration Rules, the relevant end date is the date of the closing balance…

A claim of conspicuous unfairness arising from an earlier immigration decision requires the claimant first to establish that the earlier decision was unlawful…

For the purposes of Immigration Rules paragraph EX.1(b), insurmountable obstacles are significant difficulties in continuing family life abroad which cannot be…

A fresh judicial review application raising a matter already adjudicated upon may amount to an abuse of process if it is unsupported by fresh material. The…

Where an application supplies no evidence capable of establishing a viable Article 8 claim outside the Immigration Rules, the Secretary of State need not give…

Under paragraph 245AA of the Immigration Rules, evidential flexibility does not require the Secretary of State to seek information that an applicant was…

An appellate tribunal should read a First-tier Tribunal's Article 8 assessment as a whole. A finding that an adult has no family life with a foster carer may…

Permission to appeal should not be granted where the grounds, properly analysed, amount only to disagreement with the First-tier Tribunal’s assessment of…

The section 10 removal power may be exercised where the Secretary of State has sufficient evidence that a person has breached a condition of leave. An…

An immigration decision-maker must either appeal a judicial determination affecting an applicant’s status or give effect to it. The authority cannot circumvent…

In an application for an EEA residence card based on a proxy marriage, the applicant bears the burden of establishing the marriage's validity. Whether a…

A document is not a false document merely because it contains an inaccurate statement. Under paragraph 320(7A) of the Immigration Rules, however, a genuine…

In a disputed-age case, the Tribunal must determine for itself, on the balance of probabilities and without a burden of proof on either party, whether the…

A certification under section 94 of the Nationality, Immigration and Asylum Act 2002 is unlawful where the Secretary of State’s assessment of an Article 8…

Risk arising from Iranian internet activity must be assessed on the individual evidence. Widespread blogging, Facebook use and state surveillance do not…